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PART 6N.I.LOANS FOR LIVING COSTS

CHAPTER 4N.I.MISCELLANEOUS

Quarters in respect of which [F1the loan for living costs and the long courses loan are] payableN.I.

71.—[F2(1) Subject to regulation 74, the loan for living costs is payable in respect of three quarters of the academic year and the long courses loan is payable in respect of four quarters of the academic year.]

(2) The loan for living costs is not payable—

(a)in the case of a compressed degree student, in respect of the quarter nominated by the Department;

(b)in any other case, in respect of the quarter in which, in the opinion of the Department, the longest of any vacation occurs.

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 71 shoulder note substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 9(a)

F2Reg. 71(1) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 9(b)

F3Reg. 71(3) omitted (with application in accordance with reg. 1(4) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 9(c)

Commencement Information

I1Reg. 71 in operation at 17.12.2009, see reg. 1(1)

Students falling into more than one categoryN.I.

72.  Where an eligible student falls into more than one of the categories set out in regulation 78 in the course of the academic year—

(a)the maximum amount of loan for living costs for the academic year is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the loan for living costs is payable;

(b)the maximum amount of loan for living costs for each such quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year;

(c)the maximum amount of long courses loan for the academic year is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the long courses loan is payable;

(d)the maximum amount of long courses loan for each such quarter is one [F4fourth] of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year; and

(e)the category which applies to a quarter is—

(i)the category into which the student falls for the longer or longest period in that quarter; or

(ii)if the student falls into more than one category for an equal period in that quarter, the category with the higher or highest rate of loan for living costs for the academic year.

Textual Amendments

F4Word in reg. 72(d) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 10

Commencement Information

I2Reg. 72 in operation at 17.12.2009, see reg. 1(1)

Students residing with parentsN.I.

73.—(1) Where an eligible student (“X”) resides at X’s parents’ home and the Department is satisfied that in all the circumstances X’s parents by reason of age, incapacity or otherwise cannot reasonably be expected to support X and that it would be appropriate for the amount of loan for living costs or long courses loan payable to a student in a category other than category A to apply in X’s case, X must be treated as if X were not residing at X’s parents’ home for the purposes of this Part.

Commencement Information

I3Reg. 73 in operation at 17.12.2009, see reg. 1(1)

Students becoming eligible in the course of an academic yearN.I.

74.—(1) Where one of the events listed in paragraph (2) occurs in the course of an academic year, a student may qualify for a loan for living costs in respect of such quarters in respect of which a loan for living costs is payable as begin after the relevant event occurs.

(2) The events are—

(a)the student’s course becomes a designated course;

(b)the student, or the student’s spouse, civil partner or parent is recognised as a refugee [F5or becomes a person granted humanitarian protection] [F6or becomes a person granted stateless leave] or becomes a person with leave to enter or remain [F7on the grounds of discretionary leave] ;

(c)the state of which the student is a national accedes to the European Community where the student has been ordinarily resident in the United Kingdom and Islands throughout the three-year period immediately preceding the first day of the first academic year of the course;

[F8(d)the student becomes a person described in paragraph 3 (a) of Schedule 2;]

(e)the student becomes the child of a Turkish worker;

(f)the student becomes a person described in paragraph 6(1)(a) of Part 2 of Schedule 2; F9...

(g)the student becomes the child of a Swiss national [F10; F11...]

[F12(h)the student becomes a person granted section 67 leave [F13;]]

[F14( i)the student becomes a person granted Calais leave;]

[F15(j)the student becomes a person granted indefinite leave to remain as a bereaved partner; or]

[F16(k)the student becomes a person granted indefinite leave to remain as a victim of domestic violence or domestic abuse.]

(3) An eligible student to whom paragraph (1) applies does not qualify for a loan for living costs in respect of any academic year beginning before the academic year in which the relevant event occurred.

(4) The maximum amount of loan for living costs payable is the aggregate of the maximum amount of loan for living costs for each quarter in respect of which the student qualifies for the loan for living costs under this regulation.

(5) The maximum amount of loan for living costs for each quarter is one third of the maximum amount of loan for living costs which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

(6) The maximum amount of long courses loan payable is the aggregate of the maximum amount of long courses loan for each quarter in respect of which the student qualifies for the long courses loan under this regulation.

(7) The maximum amount of long courses loan for each quarter is one [F17fourth] of the maximum amount of long courses loan which would apply for the academic year if the student fell into the category which applies to the relevant quarter for the duration of the academic year.

Textual Amendments

F5Words in reg. 74(2)(b) inserted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 10(d)

F6Words in reg. 74(2)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 16(d)

F7Words in reg. 74(2)(b) inserted (with effect in accordance with reg. 1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(3)(a), 18(d)

F9Word in reg. 74(2)(f) omitted (with application in accordance with reg. 1(5) of the amending Rule) by virtue of The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 21(a)

F10Word in reg. 74(2)(g) substituted (with application in accordance with reg. 1(5) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 21(b)

F11Word in reg. 74(2)(g) omitted (with effect in accordance with reg.1(3)(a) of the amending Rule) by virtue of The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(d)(i)

F13Word in reg. 74(2)(h) substituted (with effect in accordance with reg.1(3)(a) of the amending Rule) by The Education (Student Support, etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/50), regs. 1(4)(a), 8(d)(ii)

F17Word in reg. 74(7) substituted (with application in accordance with reg. 1(4) of the amending Rule) by The Education (Student Support (No.2), etc.) (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/35), regs. 1(3), 11

Commencement Information

I4Reg. 74 in operation at 17.12.2009, see reg. 1(1)

Students who are treated as in attendance on a courseN.I.

75.—(1) A student to whom this regulation applies is treated as being in attendance on the designated course for the purpose of qualifying for the loan for living costs or the long courses loan.

(2) This regulation applies to—

(a)a compressed degree student;

[F18(aa)a student on a period of study or period of overseas work placement in an Erasmus year;]

(b)a disabled student who—

(i)is not a compressed degree student; and

(ii)is undertaking a designated course in the United Kingdom or at a relevant institution of higher education in the Republic of Ireland but is not in attendance because the student is unable to attend for a reason which relates to the student’s disability.

Textual Amendments

Commencement Information

I5Reg. 75 in operation at 17.12.2009, see reg. 1(1)

Deductions from loans for living costsN.I.

76.—(1) A deduction from the amount of loan for living costs calculated under this Part in respect of a current system student with full entitlement or an old system student with full entitlement may be made in accordance with Part 8.

(2) There is no deduction under Part 8 from the amount of loan for living costs calculated under this Part in respect of a student with reduced entitlement.

Commencement Information

I6Reg. 76 in operation at 17.12.2009, see reg. 1(1)

Applying for an additional amount of loan for living costs or long courses loanN.I.

77.—(1) An eligible student may apply to borrow an additional amount of loan for living costs or long courses loan where—

(a)the Department determines that the maximum amount of loan for living costs or long courses loan in relation to an academic year should be increased (including an increase from nil) as a result of a reassessment of the student’s contribution or otherwise; and

(b)the Department considers that the increase in the maximum amount of the loan or loans in question does not result from the eligible student—

(i)failing to provide information promptly which might affect the student’s ability to qualify for the loan or loans in question or the amount of loan or loans in question for which the student qualifies; or

(ii)providing information that is inaccurate in any material particular.

(2) The additional amount under paragraph (1) is an amount which when added to the amount already applied for does not exceed the increased maximum.

(3) Where an eligible student has applied for a loan for living costs or long courses loan of less than the maximum amount to which the student is entitled in relation to the academic year, the student may apply to borrow an additional amount which, when added to the amount already applied for, does not exceed the relevant maximum applicable in the student’s case.

Commencement Information

I7Reg. 77 in operation at 17.12.2009, see reg. 1(1)

Categories of studentN.I.

78.  In this Part—

(a)a student (“X”) is in category A if—

(i)X resides at X’s parents’ home while attending the designated course; or

(ii)X began the current course before 1st September 2009 and is a member of a religious order who resides in a house of that order;

(b)a student (“Y”) is in category B if Y is not in category A and Y attends one or more of the following—

(i)a course at the University of London;

(ii)a course at an institution which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site wholly or partly within the area comprising the City of London and the former Metropolitan Police District; or

(iii)a sandwich course at an institution which requires the eligible student to undertake work experience or a combination of work experience and study provided that “Y” undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites wholly or partly within the area comprising the City of London and the former Metropolitan Police District;

(c)a student is in category C if the student is not in category A and—

(i)attends an overseas institution as part of the student’s course; F19...

(ii)attends the Institute; [F20or

(iii)attends an overseas work placement in an Erasmus year;]

(d)a student is in category D if the student is not in categories A to C.

Textual Amendments

Commencement Information

I8Reg. 78 in operation at 17.12.2009, see reg. 1(1)